Employers should make sure their severance agreements don't restrict an employee's right to discuss potentially unfair labor practices, the National Labor Relations Board (NLRB) said in a new memo issued Wednesday.
In the new guidance, NLRB general counsel Jennifer Abruzzo said employers will now be seen as violating labor laws when they offer severance agreements requiring employees to waive their rights, especially their right to discuss potentially unfair labor practices. Notably, Abruzzo said, just offering such an agreement will be considered a labor law violation.
"The future rights of employees, as well as the rights of the public, may not be waived in a way that precludes future exercise of [National Labor Relations Act] Section 7 rights, including engaging in protected concerted activities and accessing the NLRB," Abruzzo wrote.
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Hugo Guzman
Hugo Guzman is a reporter on ALM's in-house desk based in California, covering legal departments at disruptive technology companies, as well as labor and employment issues involving the NLRB, EEOC and other regulators. Connect with him at [email protected] today.
